Industry Zone
Notices


2009
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AMENDED NOTICE OF HEARING
PROCEEDING NO. 1614934
THEOLOGIAN MANAGEMENT LTD. AND HIGHFIELD STOCK FARMS INC.
OKOTOKS FIELD

The Energy Resources Conservation Board (ERCB/Board) will hold a public hearing of Proceeding No. 1614934 (Proceeding) at the offices of the ERCB, Govier Hall, 640 – 5 Avenue SW, Calgary, Alberta, commencing on September 29, 2009, at 9:00 a.m. All interveners to this Proceeding must be present at the commencement of the hearing to register their appearance. This amended notice of hearing is issued to reflect the revised dates for response to the information requests and the revised submission deadlines.

Background
MPP Ltd. is the licensee of the following pipelines: Line 006 of Licence No. 36967, located from Legal Subdivision (LSD) 10, Section 25, Township 21, Range 29, West of the 4th Meridian, to LSD 7-25-21-29W4M; Line 004 of Licence No. 36968, located from LSD 7-35-21-29W4M to LSD 10-25-21-29W4M; and Line 001 of Licence No. 36976, located from LSD 14-36-20-29W4M to LSD 7-34-19-28W4M.

Description of Proceeding No. 1614934
On February 3, 2009, the ERCB received a letter from Theologian Management Ltd. and Highfield Stock Farms Inc. (the Review Applicants) requesting that the Board conduct a review hearing related to Pipeline Licences No. 36967, 36968, and 36976, pursuant to Section 39 of the Energy Resources Conservation Act, and Section 48 of the Energy Conservation Board Rules of Practice. The Review Applicants also requested that the Board direct MPP Ltd. to alter, relocate, and/or install additional equipment to the above pipelines, pursuant to Section 33 of the Pipeline Act. On May 7, 2009, the Board granted the request for a review hearing and registered the hearing as Proceeding No. 1614934. The purpose of the hearing will be to determine if the Board should confirm, vary, or rescind its decision to grant Pipeline Licences No. 36967, 36968, and 36976 and to consider the relief requested pursuant to Section 33 of the Pipeline Act.

To view a copy of the Proceeding and documents filed in support of the Proceeding, contact

ERCB Information Services
Main floor, 640 - 5 Avenue SW
Calgary, Alberta T2P 3G4
Telephone: 403-297-8311 (option 2)
Viewing hours: 9:00 a.m. to 3:00 p.m.

Midnapore Field Office
320, 295 Midpark Way SE
Calgary, Alberta T2X 2A8
Telephone: 403-297-8303

Requirement to File a Submission
If you have an interest in this matter and wish to make submissions or submit evidence at the hearing of the Proceeding, you must file submissions with respect to this Proceeding even if you have previously filed a submission with the Board. Submissions must include photocopies of all documentary evidence that you intend to present and/or rely on at the hearing (including, but not limited to, copies of expert reports) and a summary of all evidence you intend to present.

If you do not file submissions, the hearing of the Proceeding may be cancelled and the ERCB will continue to process and may approve the applications without a hearing and without further notice.

How to File a Submission
Information Request

The Review Applicants and MPP Ltd. are required to file any information requests on or before 4:00 p.m., July 24, 2009.

Both parties are required to respond to the information requests on or before 4:00 p.m., August 31, 2009.

Applicant Submission

Theologian Management Ltd. and Highfield Stock Farms Inc. must file submissions with respect to the hearing of the Proceeding on or before 4:00 p.m., September 8, 2009.

MPP Ltd. Reply Submission

Any response from MPP Ltd. to applicant submissions must be filed on or before 4:00 p.m. September 14, 2009.

When making a submission, send one copy of your submission to the Review Applicants at

Theologian Management Ltd. and Highfield Stock Farms Inc.
Attention: Brent L. Robinson
Carscallen Leitch LLP
1500, 407 – 2 Street SW
Calgary, Alberta T2P 2Y3

Also provide ten copies of any submissions to

Angie Taksas, Application Coordinator
Applications Branch, Facilities Applications Group
Energy Resources Conservation Board
640 - 5 Avenue SW
Calgary, Alberta T2P 3G4

Contents of a Submission
Under Section 24(2) of the Energy Resources Conservation Board Rules of Practice ( Rules of Practice), submissions must contain the following:

(a) a concise statement indicating

(i) the manner in which the intervener's rights may be directly and adversely affected by a decision of the Board on the proceeding,

(ii) the nature and scope of the intervener's intended participation,

(iii) the disposition of the proceeding that the intervener advocates, if any,

(iv) the facts the intervener proposes to show in evidence,

(v) the reasons why the intervener believes the Board should decide in the manner that the intervener advocates, and

(vi) the intervener's efforts, if any, to resolve issues associated with the proceeding directly with the applicant;

(b) the name, address in Alberta, telephone number, fax number and, if available, e-mail address of the intervener;

(c) if the intervener is represented by a representative, the name, address in Alberta, telephone number, fax number and, if available, e-mail address of the representative; and

(d) if the intervener is an unincorporated organization, the nature of the intervener's membership.

Compensation Issues
Submissions relating exclusively to compensation for land usage are not dealt with by the ERCB and should be referred to the Alberta Surface Rights Board.

Applications for Confidentiality
In accordance with Section 13 of the Rules of Practice, all documents filed in respect of this proceeding must be placed on the public record. However, any party may apply for confidentiality of information under Section 13(2). Any application under Section 13(2) that is to be considered during a public hearing of the application must be copied to the other parties to the proceeding. The Board may grant a request for confidentiality on any terms it considers appropriate, subject to the Freedom of Information and Protection of Privacy Act.

Questions of Constitutional Law
In accordance with Section 25 of the Rules of Practice, a person who intends to raise a question of constitutional law before the Board must give notice, in accordance with Section 12 of the Administrative Procedures and Jurisdiction Act and its regulation.

For information about ERCB procedures, contact

Applications Branch, Facilities Applications Group
Attention: Angie Taksas
Telephone: 403-297-4121
Fax: 403-297-4117
E-mail: angie.taksas@ercb.ca

Issued at Calgary, Alberta, on August 7, 2009.

 

ENERGY RESOURCES CONSERVATION BOARD
Patricia M. Johnston, Q.C., General Counsel

Page Last Updated: August 7, 2009